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California says Uber drivers are employees

June 18, 2015
 Bloomberg News
The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.
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Judge considering change of venue for man charged with killing IU student

June 18, 2015
 Associated Press
A judge is considering whether to move the trial of a man charged with fatally beating an Indiana University student.
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Judge slams city with default sanction in wrongful arrest case

June 17, 2015
Dave Stafford
A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.
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Justices reverse life sentence based on error by judge

June 17, 2015
Jennifer Nelson
The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.
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Court split over whether man must remain on sex offender registry

June 17, 2015
Jennifer Nelson
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
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State failed to show defendant conspired to rob gas station

June 17, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
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Spring-back attorneys return to firm practice

June 17, 2015
 Bloomberg News
While many corporate legal departments are expanding as matters are worked on internally, some in-house counsel are counter trend, opting to leave their posts to join law firms. Most had worked for a firm for at least a few years, often at the beginning of their careers, before moving to companies.
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Judge strikes another blow against proposed Illiana Tollway

June 17, 2015
 Associated Press
A U.S. District Court judge in Chicago ruled Tuesday that the federal government's approval of the proposed Illiana Tollway linking northern Illinois and Indiana is invalid.
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COA finalists await governor's selection

June 17, 2015
Dave Stafford
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
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Indiana Tech to reapply for accreditation

June 17, 2015
Marilyn Odendahl
Just four days after meeting with law school officials and hearing their presentation about their approach to legal education, the ABA Council of the Section of Legal Education and Admissions to the Bar denied granting provisional accreditation to the Fort Wayne law school.
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Taft bolsters IP practice with 10 lawyers from rival firm

June 17, 2015
Scott Olson, IBJ Staff
Taft Stettinius Hollister LLP has pulled off a major coup in the Indianapolis legal community by taking half the intellectual property practice from rival law firm Krieg DeVault LLP.
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ITLA can help young lawyers learn to practice the law

June 17, 2015
Marilyn Odendahl
New ITLA Young Lawyers Section Chair Alexander Limontes says the section can provide young lawyers with both educational and networking opportunities.
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DTCI: Impact and questions from EPA draft study on fracking

June 17, 2015
From DTCI
Just shy of 600 pages with a 28-page executive summary to boot, the EPA report concludes that that the agency was unable to find “evidence that ‘mechanisms’ [identified in the report] have led to widespread, systemic impacts on drinking water resources in the United States."
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Tax on out-of-state earnings may be illegal under SCOTUS ruling

June 17, 2015
Dave Stafford
Thousands of Hoosiers with out-of-state earnings may have paid tens of millions of dollars in illegal tax, but whether litigating the issue will be worthwhile remains a question for experts in tax law, accounting and public policy.
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McDonald takes ITLA leadership

June 17, 2015
Dave Stafford
James O. McDonald of Terre Haute has represented plaintiffs for more than four decades, and now the lawyer represents the state’s plaintiffs’ bar as president of the Indiana Trial Lawyers Association.
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Immunity laws flourishing in Indiana

June 17, 2015
Marilyn Odendahl
ITLA task force examines number of protections in the Indiana Code.
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Technology Untangled: Can software save money on printer ink?

June 17, 2015
Stephen Bour
There is some evidence suggesting that simply using a different font could save significant volumes of ink.
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Annexation law gives landowners more clout

June 17, 2015
Marilyn Odendahl
Forty-nine days after the start of the 2015 Indiana General Assembly, many landowners fighting municipalities around the state got what they wanted. But language ending involuntary incorporation was stripped from the bill.
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Waiting for SCOTUS ruling on same-sex marriage

June 17, 2015
Marilyn Odendahl
Evansville Police Sgt. Karen Vaughn-Kajmowicz and her wife, Tammy, battled the Indiana General Assembly’s effort to add the “one-man, one-woman” definition of marriage to the state constitution and eventually joined one of the lawsuits against the state to end the ban on same-sex marriage.
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Klein: McKinney Law trains leaders for success in life sciences

June 17, 2015
Andrew Klein
In so many ways, Indianapolis helps us thrive. But the converse is also true. The McKinney School of Law is critical to Indianapolis’ success.
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Hammerle On…'Spy,' 'The Connection'

June 17, 2015
Robert Hammerle
Robert Hammerle writes about "Spy" that international spies have not been this frenetic and madcap since Peter Sellers died.
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Inside the Criminal Case: The duty to correct the trial court in a criminal case

June 17, 2015
James Bell, K. Michael Gaerte
Prosecutors and criminal defense lawyers need to know that there are times they are required to correct the trial court’s record.
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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State courts roll out new public information web portal

June 16, 2015
IL Staff
A new one-stop public state courts Internet portal allows users to search trial and appellate court cases, apply for marriage licenses, pay traffic tickets and take care of other court business.
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Convicted gang member sentenced to 6 life terms in prison

June 16, 2015
 Associated Press
A high-ranking Imperial Gangster from northwestern Indiana has been sentenced to six consecutive life terms in prison for the deaths of five men while taking part in drug trafficking.
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  1. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  2. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  3. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  4. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  5. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

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